Upcoming cases - Supreme Court

Case name

TUV
A J Douglass and A S Butler

v

Chief of New Zealand Defence Force
J C Catran and J P A Boyle

Human Rights Commission as Intervener
J S Hancock

Civil Appeal

Ground on which
leave was granted                  

The approved ground is: (i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)? (ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity?

Supreme Court leave judgment

Court of Appeal judgment

Case name

Leslie Norman Austin
G J Thwaite

v

Roche Products (New Zealand) Limited
J A MacGillivray

Accident Compensation Corporation
H B Rennie QC

Civil Appeal

Grounds on which
leave was granted             

The approved question is whether the applicant’s claim for compensatory damages should have been struck out on the basis that his injuries were not an ordinary consequence of the consumption of Roaccutane.

Supreme Court leave decision

Court of Appeal decision

High Court decision